VIJAY KUMAR SOOD Vs. VISHAL KUMAR SOOD

JUDGEMENT

(1.) By way of this petition filed under Article 227 of the Constitution of India, the petitioner has challenged order dtd. 18/10/2023, passed by the Court of learned Senior Civil Judge, Shimla, H.P., in a Contempt Petition filed under Order 39 Rule 2-A of the Code of Civil Procedure (hereinafter referred to as the "CPC") by the Decree Holder, in terms whereof, warrant of arrest has been issued against the present petitioner by invoking the provisions of Order 21 Rule 37 of the CPC by the learned trial Court.

(2.) Learned counsel for the petitioner has argued that the impugned order ex facie is not sustainable in the eyes of law, as the learned trial Court erred in not appreciating that the provisions of Order 21 Rule 37 of the CPC, can be invoked only in the event of there being a money decree in favour of the Decree Holder and herein, as the contention of the party, which had filed an application under Order 39 Rule 2-A of the CPC was that there was a willful disobedience of the interim order passed by the learned trial Court, by no stretch of imagination, warrant of arrest could have been issued as provided under Order 21 Rule 37 f the CPC. Accordingly, he submits that as there is a jurisdictional error committed by the learned trial Court while passing the impugned order, the petition be allowed and the impugned order be set aside.

(3.) Learned counsel for the respondents argued that the proceedings have been initiated by the respondents under Order 39 Rule 2-A of the CPC as the petitioner has willfully disobeyed the interim directions, which were passed by the learned trial Court in an application filed under Order 39 Rule 1 and 2 of the CPC, in a Civil Suit preferred by the present respondents. He further submitted that as it stands proved on record that the present petitioner has indeed willfully disobeyed the Court order, therefore, there is no infirmity in the directions passed by the learned trial Court. However, he states that no application under Order 21 Rule 37 of the CPC in fact was filed by the respondents before the learned trial Court.